Sunday, February 16, 2020
European Union (EU) Law Essay Example | Topics and Well Written Essays - 3000 words
European Union (EU) Law - Essay Example Through proceedings, ECJ judges became deeply interested to take actions against conflicts creating depression for the transnational actors and other individuals who could claim that their rights under the Treaty of Rome were being violated by existing national law or administrative practice against national legal regimes and those actors, public and private, advantaged by national rules and practices 1. The ECJ is considered to be the most accurate jurisprudent body throughout the European community. So, there is no doubt that ECJ delegation in interpreting the treaties thereby ensuring that EU law is applied correctly in the member states is wrong. Similarly the European Parliament (EP) enjoys delegated powers in the legislative process through which EU policy is created, in the budgetary process through which the EU budget is shaped and adopted, under the control and supervision of the Commission. The empirical analysis demonstrates that the ECJ being a supranational institution have played an independent role in the development of a European enforcement system that is more constraining than national governments ever intended. Dissatisfied with existing means of enforcement at the European level and with governments' reluctance to delegate more powerful instruments, the ECJ and the Commission independently created and perfected a system of decentralized supervision, whereby individuals and national courts are engaged to monitor and enforce state compliance. This system of decentralized supervision is now an integral part of European governance which has influenced the course of European integration, not only by introducing new issues to the policy agenda, as is often argued, but also by securing a higher degree of compliance with the policy decisions that indeed are taken. What can one expect from close observation of such a system in which market integration has become the principle of ECJ policy-making as a result of non-majoritarian decisions taking into account only the contribution of Member States, for example, judicial law-making and Commission decisions. The best example is the implementation of such policies, which have been inclusive without much political attention, through interventions of the European Commission against infringements of Treaty obligations, and through the decisions that goes only in favour of the Member States with initial cooperation of the ECJ2. The doctrines of 'direct effect' and 'supremacy' have brought about the 'constitutionalization' in the ECJ law in the form of unseen competition and that even between individual stakeholders and Member States 3. It is considered those stakeholders' contribution matters the same way in policies implementation as that of Member States, however this is not the case. The ECJ along with the help of Commission has collectively sought out to shift the gravity in EU enforcement toward greater reliance on decentralized supervision through national courts. Exploiting its judicial independence and the absence of intrusive government control, it is said that the ECJ has strengthened the remedies available to individuals. ECJ has created a legal order in which individuals uphold the same rights as the Member States. However, the critical
Sunday, February 2, 2020
Talking about movie hurt lockeror apocalypse now Research Paper
Talking about movie hurt lockeror apocalypse now - Research Paper Example Ideological differences and socio-political issues result in violence related to modern warfare, and the film named as The Hurt Locker proves the same. First of all, one needs to realize that the influence of religious belief upon the political scenario of a nation is totally against democracy. To be specific, autocrats exploit and depend upon the influence of religion on national politics. Within the Middle Eastern context, the dependency on religion to crush democratic ideas is evident. The clash between the Middle Eastern nations and the west can be easily identified as the clash between socio-cultural and religious differences. When the term modern warfare is superimposed into the context of the fore pointed differences, one can see that the western nations support democracy and the Middle Eastern nations support autocracy and the influence of religion within their political context. In the film, the protagonistââ¬â¢s mission is not to fight against the so called enemy groups, but to provide humanitarian aid to the victims. Michael L. Gross makes clear that, ââ¬Å"Humanitarian intervention is only justified when the weaker, rogue nation is so egregiously criminal that it is impossible to think their soldiers might somehow retain a measure of moral innocenceâ⬠(49). Besides, this group cannot be considered as insurgents because their mission to defuse explosives and save innocent civilians and others. But the members of the protagonistââ¬â¢s group do not realize the significance of their mission. To be specific, they consider that their mission is to overpower their foes. This difference in perceiving the essence of oneââ¬â¢s duty, or the protagonistââ¬â¢s view on his mission, is the core aspect of the movie. On the other side, the real villain (autocratic ruler) in the movie is still behind the ââ¬Ësilver screenââ¬â¢ and tries to make use of innocent civilians as scapegoats of hostility. The protagonist knows this fact and deals with his
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